Thane: The Thane Sessions Court has granted bail to Kiran Ashok Gaikwad and Dipesh alias Deepak Tulshiram Jadhav, both accused in a high-profile attempt to murder case linked to political rivalry in Ambernath.
While granting bail to the accused, the court held that just because some accused are absconding in the case, thus it doesnot mean that the accused arrested should not be released on bail.
The accused were facing prosecution in a case registered against the accused before the Shivajinagar Police Station, Ambernath. They have been charged with stringent charges of MCOCA and section of attempt to murder against the the accused
The case initiates from an FIR registered on November 13, 2022, by Rahul Pandit Patil, a Shiv Sena member aspiring to contest the Kalyan Dombivli Municipal Corporation elections in 2023. According to the complaint, a group led by political rivals, including Kunal Patil and other associates, had allegedly conspired to eliminate him to establish political dominance in the region.
As per the complaint, there was an ambush near Sudama Hotel, MIDC, where Patil and his associates were allegedly attacked by the accused and their followers, armed with guns, pistols, and other weapons. The attackers reportedly opened fire at Patil’s convoy and pelted stones at their vehicles, causing damage.
Following the incident, an attempt to murder case was registered, and further investigation revealed the accused were allegedly part of an organised crime syndicate, prompting the invocation of the MCOC Act.
Gaikwad and Jadhav were absconding for several months and were eventually arrested on January 30, 2024. A supplementary chargesheet was filed against them following their arrest.
The defence argued that several co-accused had already secured bail. The defence highlighted that the two accused played a minor role compared to the main conspirators and sought parity with other accused who had been released.
The prosecution, however, opposed the bail, citing the seriousness of the offence and the accused’s direct involvement, including a confession statement under Section 18 of the MCOC Act given by Gaikwad, which was later denied by the accused. The prosecution argued that some accused are still absconding and releasing Gaikwad and Jadhav could hinder efforts to apprehend them.
After examining the case records, including the confession, witness statements, and evidence collected during the investigation, the court observed that, several co-accused with specific roles had already been granted bail by the Bombay High Court and the Sessions Court.
“There was no significant recovery made from Gaikwad and Jadhav post-arrest. Accused Dipesh Jadhav had no prior criminal record, while Gaikwad had one unrelated case under Section 353 IPC, which was not connected to the alleged gang activities. There was insufficient material linking them directly to the organised crime syndicate as defined under the MCOC Act,” argued the defence while pleading for the bail.
Considering these factors, the court granted bail to Gaikwad and Jadhav, stating that bail could not be denied merely because some accused were absconding, as Gaikwad and Jadhav were residents of Thane district with no risk of absconding. Bail was granted on the P R bond of Rs 0ne lakh.
